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This entry was published on 2014-09-22
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SECTION 51-0905
Approval of municipal solid waste management projects
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 51, TITLE 9
§ 51-0905. Approval of municipal solid waste management projects.

1. Municipal solid waste recovery and management projects shall be
undertaken pursuant to this title only with the approval of the
commissioner, and pursuant to an approved contract or contracts for
state assistance.

2. In reviewing applications for solid waste recovery and management
projects, the commissioner shall give due consideration to:

a. the adequacy of the municipality's solid waste recovery and
management system and its relationship to the needs or plans of other
area municipalities;

b. the suitability and feasibility of the project in relation to the
solid waste recovery and management system and the area to be served;

c. the proportion of solid waste for which resource recovery is

d. implementation of the system or components thereof and their
expected terms of usefulness, singly or in combination;

e. present and projected population, land use, and rates and
composition of solid waste generation;

f. potential or contemplated markets for recovered resources;

g. potential or contemplated opportunities for direct relationships
with other public facilities, such as for processing residual materials
from existing incinerators or treating sludge from a sewage treatment

h. intergovernmental arrangements integral to the project;

i. non-governmental arrangements integral to the project;

j. the urgency of the project, in relationship to all solid waste
management project needs in the state;

k. environmental soundness, including assurance that the project will
meet all applicable law, criteria, rules or regulations.

3. The state share of the cost of a municipal solid waste management
project shall not exceed fifty percent of the cost of resource recovery
equipment and source separation equipment and twenty-five percent of the
cost of disposal equipment. The commissioner may not otherwise limit the
state's share of the cost of small scale, low technology approaches to
resource recovery.

4. The commissioner shall annually review the status of projects which
have been the subject of appropriations in furtherance of this title to
determine whether sufficient progress has been made to warrant
continuance of such appropriations. In making such determination, the
commissioner shall take into account whether and to what extent progress
has been made in accomplishing a project feasibility study, preparation
and distribution of a request for proposals, the award of a design
contract, the award of a construction contract, the commencement of
construction, the profferment of bonds by the municipality, or other
factors reasonably indicative of progress upon the project. Primary
consideration shall be given to the reallocation of funds to meet the
requirements of section 51-0901 of this title relative to small scale,
low-technology approaches. The commissioner shall annually submit his
determination made hereunder, reflecting reallocations as appropriate,
to the governor in a form and at a time sufficient to be taken into
account by the governor and legislature in fulfilling their budgetary